Rule 1.0: Terminology: Week 1

Belief or Believes

Belief means that a person actually supposes a fact to be true in their mind. Does not require explicit admission and can be inferred from surrounding circumstances.

Confirmed in Writing

obtaining written informed consent directly or having a lawyer send a written confirmation promptly after oral consent is given. If immediate writing is not possible, the lawyer must send or obtain it within a reasonable timeframe.

Firm or Law Firm

denotes lawyers working together in a partnership, professional corporation, sole proprietorship, legal services organization, or corporate legal department. It covers any formal association authorized to practice law.

Fraud or Fraudulent

describes deceptive conduct that meets the standard for fraud under applicable state or federal law. To qualify under this rule, the conduct must involve an intentional purpose to deceive.

Informed Consent

agreement to a proposed legal action made after a lawyer explains the material risks, benefits, and reasonable alternatives. It ensures clients fully understand their options before making a decision.

Knowingly, Known, or Knows

equires actual knowledge of a specific fact rather than mere speculation. Like belief, a person's actual knowledge can be inferred from the context and circumstances.

Partner

defines an equity member of a partnership, a shareholder in a professional law corporation, or a member of a legal association. It identifies lawyers with an ownership or leadership stake in a firm.

Reasonable or Reasonably

Reasonable conduct sets an objective benchmark based on how a prudent and competent lawyer would act in the same situation. It serves as the baseline standard for measuring professional performance.

Reasonable Belief or Reasonably Believes

• means a lawyer actually believes a fact, and the surrounding circumstances make that belief logical and sound. It combines a lawyer's personal belief with an objective standard of logic

Reasonably Should Know

means that a prudent and competent lawyer would have discovered or understood the matter under the circumstances. It holds lawyers accountable for facts they ought to have uncovered through standard due diligence.

Screened

process of isolating a lawyer from participating in a case using timely firm procedures to protect confidential information. It prevents conflict-of-interest information from being shared with other members of a firm.

Substantial

refers to a degree or extent that is of clear, material, and weighty importance. It separates major, impactful issues from minor or trivial legal details.

Tribunal

• includes courts, binding arbitration panels, or administrative bodies acting in an adjudicative role. An entity acts adjudicatively when a neutral official hears evidence and legal arguments to issue a binding judgment

Writing, Written, or Signed

includes any physical or electronic record, such as emails, letters, printouts, or audio recordings. A signed writing includes electronic symbols or processes attached to a document with the clear intent to sign.